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(영문) 대구지방법원 2016.02.16 2014가단104145

유류분

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. E on August 13, 2004 (hereinafter “the deceased”) and Defendant B are married couple, the Plaintiff, F, and G are their ancillarys, Defendant C, and Defendant D are their children, and H are deceased and I’s ancillarys.

B. On June 29, 1998, the Deceased: (a) bequeathed on the part of Defendant C and Defendant D, the entire real estate remaining in the name of the Deceased; and (b) notarized its content.

(hereinafter referred to as the “notarial deed of this case”).

On October 27, 2004, after the death of the deceased, Defendant C completed the registration of ownership transfer based on each legacy as to the real estate listed in the separate sheet Nos. 1 and 2, and Defendant D completed the registration of ownership transfer based on each legacy as to the real estate listed in the separate sheet No. 3,5-9 and 12.

(10) The registration of the combination between the deceased and the defendant C at the time of testamentary gift was made with respect to the real estate mentioned above 10 and 11, but the registration of the change of ownership was completed on November 10, 2004 after the death of the deceased, and the real estate mentioned above 4 is still owned by the deceased). D.

On May 22, 2003, the deceased’s birth was donated KRW 85 million from the deceased, Seongdong-gu Seoul, J No. 1-B02, Seongdong-gu, Seoul, with the purchase fund of KRW 1-B02.

H, F, and G also received KRW 100 million from the Deceased before the Deceased’s birth.

The plaintiff, H, F, and G did not receive any distribution from the deceased's inherited property.

H On December 30, 2004, the Seoul Central District Court 2004Gahap109835 filed a lawsuit claiming the return of legal reserve of inheritance against the Defendants, and the conciliation was concluded on June 28, 2005, including “the Defendant shall implement the procedure for the registration of ownership transfer with respect to K and ground buildings in Yongcheon-si.”

F and G did not seek a return of legal reserve against the Defendants.

[Ground of recognition] Evidence No. 1-1, Evidence No. 6-4, 5, 8, 11, Evidence No. 7-2, Evidence No. 9-1, 6, 9, Eul evidence No. 6 and 9, witness G's testimony, witness H's partial testimony, and the purport of the whole pleadings

2. The judgment of this Court

A. On the ground that the Plaintiff violated his/her legal reserve of inheritance, the Plaintiff against the Defendants.